The Committee of the Residents Association would like to give notice of our next General Meeting.

This will be held in the The Hub off Pittway Avenue.  The date is Thursday 20th February starting at 18.30.  We expect the meeting to take around one hour.

The meeting is on the first floor which is normally accessed by stairs.  If you have mobility issues please let us know in advance so we can arrange alternative access.

This is an opportunity for you to find out what your Committee has been doing on your behalf over recent months and to ask any questions you may have.  We also have a guest speaker from the Stour Health & Wellbeing Partnership who will explain how they support the local community.

To see the proposed agenda visit this page: Meeting Minutes  

If there is something specific you wish to raise please contact us as soon as possible so that we can consider if it is already covered or whether we need to add it to the agenda.

We hope you will take the opportunity to be a part of The Herdwick community and come along to the meeting.  We do need a quorum for the meeting to take place.  We look forward to seeing you there.

Residents Association Treasurer

We are looking for a new Committee member.  Our current Treasurer Steve Collard is on the move as he takes up an exciting new role in another part of the country, so he won’t be able to continue on the Committee.

We are sad to see Steve go - not just because he was a great neighbour but he also made a valuable contribution to the work of the Committee.  We thank Steve for all he’s done and wish him all the very best for the future.

Can you spare a little time to join the Committee and be our new Treasurer?  We need someone who can look after our money but in a sense that’s the easy part, as we don’t really have a big budget!  We are looking for a person who can work in a small, friendly group that is focused on making our development a great place to live.

If you think this could be something for you please get in touch and let’s have a chat.

Best wishes.

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Here is our report on the Residents Association General Meeting held at The Hub on 28th November 2024.

It was our second such meeting of 2024.  The next one will be on 20th February 2025.

The minutes of the meeting can be found on this website. See the 'Information' tab at the top of the page.

Your Committee

You will see from the minutes that the Committee has been working on your priorities, as identified in the survey we conducted back in September.  I want to thank the Committee officers for dedicating their time and energy to the Association. 

We recently filled the ‘Events & Fundraising’ officer role but the role of ‘PR & Social Media’ is still vacant.  If you’re interested and want to know more please get in touch.

Donations

At our first General Meeting there was support for the idea of asking residents for a small voluntary donation so that we can fund the work of the Association.  Thank you to everyone who has contributed so far.  If you have not yet donated but would like to do so you can find out how by clicking here.

All that remains is for me to wish all residents a merry Christmas and a happy and healthy New Year.  Here's hoping we get some glad tidings in 2025.

Best wishes. 

John Fedorowycz

Chairman

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The Hub off Pittway Avenue, also known as the Shipston Enterprise Centre, is the place where we normally hold Residents Association General Meetings - including the one scheduled for this Thursday 28th November starting at 6.30pm.

The people who run the facilities there have submitted an application to convert the existing bowling green in to a Multi Use Games Area (MUGA).  If approved they will take out the bowling green turf and replace it with a 3rd Generation synthetic surface that mimics the look and feel of grass.  This MUGA can then be used for a number of sports.

As well as installing a new surface they are seeking permission to erect a new 3 metre high boundary fence together with 8 floodlights.

According to the owners this will cater for many people in the community, including Shipston Rugby Club seniors and juniors, Shipston Ladies Hockey, Shipston Netball Club, Shipston Excelsior Football Club, and Shipston High and Primary School.

You can find all the details on the Stratford District Council planning portal, where you can also submit a comment if you wish.  The planning application reference is 24/02463/FUL

For those wondering about the bowlers, there is another bowling green in Shipston at the Sports Club off London Road, so they are still catered for.

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The Residents Association Committee met with Taylor Wimpey in October 2024.  In this report we focus on discussions about the footpaths across our Public Open Spaces (POS).  And we are seeking your views so please take a look and provide feedback.

In this article the term ‘footpaths’ does not include the roadside asphalt pavements on our developments.

Footpaths on Herdwick Gate

The plan below shows where the footpaths should be.

They are Breedon gravel paths that are mostly at the back of the development (south side) leading from Blands Grove and Joy Drive towards the playground area.  There is also a small path that leads down to Bailey Road from Webb Road.

The plan also shows a path leading down the hill towards the end of Webb Road that has not been built (indicated by blue dashes).

Significant erosion

In just a few years all of these footpaths have been eroded by surface water.  This makes them uneven to walk on and unsightly.  Why is the erosion so bad?  It’s a combination of at least three factors:

1. The underlying land is predominantly Blue Warwickshire clay which does not absorb much water, so when it rains water flows along the surface.

2. The paths are on a hill with a steep gradient, which means the water flows quickly downhill.  Faster flowing water leads to more erosion.

3. Breedon gravel is not the most resilient type of material that could have been used.  For example asphalt would be much better.  Taylor Wimpey would not have chosen this type of gravel but the planning authorities insisted on its use.

What can be done?

If the footpaths are so badly eroded after just a few years imagine how much worse they will be in future.  The cost of remedial work, to be paid by residents will be significant.

We have asked Taylor Wimpey if they can come up with a better solution.  That could potentially include the use of alternative materials or possibly redirecting the footpaths so that water does not build up so much speed as it flows downhill.  We await their further advice.

The missing footpath - please tell us what you think

The path highlighted with blue dashes on the plan shown above was proposed to meet Disability Discrimination Act requirements.  It is intended to provide access to the top of the hill, and the playground for those with mobility issues.

This is a well intentioned aim, but it turns out the planning regulations make the installation of a gravel path on a hillside with a steep gradient challenging to deliver.

As we have already outlined, erosion caused by surface water drainage is an issue.  Plus the council would not sign off a path with such a steep gradient.  So having a path in a straight line as shown on the plans would simply not work.  So why was it put in the plans in the first place we hear you ask?  We don’t know the answer to that!

It is possible to redesign the path so that it winds round in a series of bends but that would be a significant project.  And the reality is that most people would probably choose not to walk down a serpentine path but would walk in a straight line as it’s the easiest way to go.  In fact there is already an established right of way that comes straight down the hill which is well used by walkers.

So we would like to ask you, the residents of Herdwick Gate and Herdwick Fold what you think about the missing footpath.  The Disability Discrimination Act of 1995 and subsequent Equality Act of 2010 aim to make public spaces more accessible for disabled people.  But this is subject to a test of reasonableness.  Is it reasonable to insist this work is carried out no matter how difficult, even if it is little used?  Please tell us what you think.  Contact Us

Footpaths on Herdwick Fold

The plan below shows in orange where the footpaths should be, (ignore the roadside pavements).

As with Herdwick Gate they are Breedon gravel paths.  They can be found at the back of the development (north side) close to the playground area, and also along the west side, passing Nichols Court and leading to Campden Road.  

More signs of erosion

As with Herdwick Gate there are signs of erosion caused by surface water.  The reasons are similar to those stated above although in this case the gradient of the land may not be quite as steep.  

A significant amount of water flows from adjacent land not owned by Taylor Wimpey, particularly from the north side and the north-west corner close to the footpath leading to the neighbouring Cala development.  The capacity of the drains in that part of the development appears to be wholly inadequate.

Along the west side of Herdwick Fold a natural spring can be found flowing up through the middle of the footpath.  This has created a hole currently the size of a dinner plate and growing.  It’s not the kind of water feature we need.

Again we have asked Taylor Wimpey to give this some thought as this amount of erosion after just a few years does not bode well for the future.  We await their response.

Footpath connecting Hands Place to Campden Road

You may be aware from previous RA news reports that original plans show this footpath.  It is circled in red below.

In our discussions with Taylor Wimpey that have told us that this footpath will not be created.  They say this is because the elevation of the land will mean it has a sloping gradient as it approaches the main road, which the council will find problematic from a road safety perspective.  It may not be as steep as the path that is being removed at Bradley Drive, but it’s the same issue.

Taylor Wimpey also say that shared ownership of the land complicates matters, although we don’t believe that this should be a reason not to build the footpath - it just require parties to work together.

In the absence of a proper footpath residents have created their own informal routes.  One is at the far side of the attenuation basin connecting Barrett Place with Campden Road (orange dashes in image above).  The other has seen someone saw through the knee rail so that people can walk from Hands Place to Campden Road.  Once established people will keep using them even though they are likely to be muddy in winter and devoid of grass in the summer.

You can’t blame residents for creating these pathways, it’s a consequence of bad planning by the developers and the local council.  So again we are seeking your views on this.  Should we be pushing for proper pathways with a safer and more durable surface?  Or are you OK with the status quo?  Tell us what you think.  Contact Us

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You’ve probably noticed that Christmas adverts are already on TV so it would seem the festive season is underway.

Pia Stevens, a resident on Herdwick Fold is keen to get in to the Christmas spirit and is inviting fellow residents to do the same.  She is encouraging us to decorate a tree outside our houses to make a Christmas Tree Trail that children can walk round.  The theme is “Disney”.

Your outdoor decorations will be judged and winners will receive a small festive gift (including something for children who have contributed).  Pia invites all entrants to pay a £5 entry fee, which is effectively a donation to Shipston First Responders.

Your decorated tree can be displayed from 1st December, but no later than 7th December 2024 during which time it will be judged.

This festive invitation goes out to residents on Herdwick Gate, Herdwick Fold and also our neighbours on Shepherd’s Gate.

If you wish to take part the contact details for Pia are shown on the image above.  Good luck!

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When you bought your house on Herdwick Gate or Herdwick Fold presumably you were told that one day you would be paying a monthly charge to cover the cost of maintaining our Public Open Spaces (POS).

POS includes communal grassed areas, trees, shrubs, ground coverings (such as tree bark), playgrounds, the Breedon gravel footpaths, sub-soil drainage systems and attenuation basins.

Apparently it’s common on new developments for local councils to avoid taking responsibility by pushing it back to the new residents to pay - on top of their council tax.  Thanks for that WCC!

So how much is it, how does it work and why aren’t we paying already?

Current situation

Herdwick Gate & Herdwick Fold are managed separately in terms of maintenance and will have separate maintenance contracts.  But what follows applies equally to both.

Right now most residents are currently paying nothing for the maintenance of our POS.  That’s because until our developments are officially signed off with all works completed Taylor Wimpey remain responsible for this work and they stand the cost.

The only exceptions we have heard about are from residents who are in Assisted Housing - either shared ownership or renting from a housing association.  For some at least, it appears that part of the regular payment they make includes an element that notionally covers the POS maintenance charge.

So a resident may be paying their housing association a contribution towards POS maintenance but the housing association is not paying anything yet to a management company.  It’s hard to understand how this can be justified.  (If you’re in Assisted Housing you might want to check if you are paying a contribution towards POS maintenance, and if so it might be worth asking where that money is going). 

Sign off and POS transfer of title

When all construction and landscaping works are completed and each development is finally signed off, the title to the POS land will be transferred from Taylor Wimpey to Trinity (Estates) Property Management Ltd.

At this point Trinity become legal owners of the land and are responsible for its upkeep (including the attenuation basins).  They must maintain the POS in accordance with a published schedule and ensure that suitably qualified people are employed to carry out the work to the required standards.  At the appropriate time the Residents Association will approach Trinity and seek to have representation on the committees responsible for organising and managing the work on both developments.

How much will we pay?

Trinity must prepare an annual budget showing expected costs, which will include their own fee for managing the work.  The total cost is divided by the number of property owners and this translates to a charge which most of us will pay by monthly direct debit. 

Back in 2022 the cost for Herdwick Fold was said to be around £20 per month.  Herdwick Gate is probably a similar amount.  But as already mentioned, most people are paying nothing yet.  And we may not pay anything for quite some time.  Here’s why.

Section 106 and the Seven Year Clause

Taylor Wimpey pay all maintenance costs until the development is signed off as finished.  We don’t know precisely when this will be but Herdwick Gate appears to be closer to the finishing line than Herdwick Fold.

But even when that transfer of ownership to Trinity takes place we still may not have to pay.  And that’s because of something called a Section 106 agreement.

An S106 agreement is a legal document that sets out a number of terms and conditions agreed by the landowner, construction company and the local council when planning permission is being sought for a new development.  Within in it are clauses where the parties undertake to do specific things.

One such clause that appears in the Section 106 agreements for both Herdwick Gate and Herdwick Fold says that Taylor Wimpey will make a payment to Trinity “to fund the maintenance for a period of 7 years”.  (See image for Herdwick Gate).

However when the RA Committee met with Taylor Wimpey recently it was clear that they are now not happy with this “7 year clause" in the S106 document, which the company signed during the planning application process.  There is some kind of internal discussion going on about it.

The conclusion we draw is that they may be looking for a way to wriggle out of this legally binding agreement.  Our understanding is that any request to vary the clauses in a S106 document would require the consent of all parties, and that includes Stratford District Council (SDC).

Back in July 2024 we wrote to SDC and asked them to confirm the S106 documents are in force and we specifically asked about the “7 year clause".  We have heard nothing back.  So on 21st October 2024 we chased them up and we await their reply.  If any resident has contacts within SDC that may help to speed up their response please do get in touch.

This is a subject that the RA Committee has on its radar.  We will update you when we have more.

Adoption of roads and footpaths

A final point on asphalt roads and footpaths.  These will be adopted by WCC in due course so our maintenance agreement does not cover these.

UPDATE 6th November 2024: In our original article we said that private (bricked) roadways are not going to be adopted.  We also said that they would not be covered by Trinity maintenance.  This was based on our reading of a management proposal document from Trinity about Herdwick Fold dated 17th October 2018.

Since we published this report residents on Herdwick Gate have shown us the equivalent Trinity document for their development.  It clearly shows that private roads are covered by the maintenance agreement.

We looked in to the reason for this difference.  It turns out that with the Herdwick Gate development these private roadways are not owned by individual property owners.  They are part of the commonly owned land.  Whereas on the Herdwick Fold development people living in properties adjacent to private roadways actually own the section that is in front of their home.  An example from NIchols Court is shown here.  You can see the property boundary, marked by a red line includes a section of private road.

So in summary, private roadways on Herdwick Gate are covered by the Trinity maintenance agreement and the ones on Herdwick Fold are not.  Sorry for any confusion caused by our original article.

If you have any comments or questions about this news article please feel free to get in touch.  Contact Us.

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